HomeMy Public PortalAboutZoning Board of Appeals -- 2021-10-12 Minutes TOWN OF BREWSTER ZONING BOARD OF APPEALS
MEETING MINUTES
Tuesday, October 12th , 2021 , at 7PM
Virtual Meeting
Brian Harrison , Chairman, convened the Brewster Zoning Board of Appeals via remote participation with members : Art Stewart,
Jeff Carter, Patricia Eggers and Bruce MacGregor. Jeannie Kampas was absent. A quorum was determined .
Also present : Applicants : Attorney Benjamin Zehnder, John O' Reilly, Attorney Warren Brody, Judi Barrett, Beth Wade, Bob
Ryley, , Jill Scalise, James Creonte, Gabriel Panaite, Karyn Beedy and Ellen Murphy ( Department Assistant) .
The Chair read the Recording or Taping Notification : This meeting will be conducted by remote participation pursuant to
Governor Baker's March 2020 orders suspending certain Open Meeting Law provisions and imposing limits on public gatherings .
No in-person meeting attendance will be permitted . If the Town is unable to live broadcast this meeting , a record of the
proceedings will be provided on the Town website as soon as possible . The Town has established specific email addresses for
each board and committee so the public can submit comments either before or during the meeting . To submit public comment or
questions to the Zoning Board of Appeals, please email : zbameetinq@brewster- ma .gov.
• Review and Approval of September 14th meeting minutes
A motion was made by Pat to approve the September 14th , meeting minutes , Bruce second the motion , a vote
was taken : Brian , Bruce, Art, and Pat approved the minutes unanimously .
Continued Applications:
• Application Review of ZBA # 21 -22, Applicant : Benjamin E. Zehnder, 178 Bonnie Doone Cartway. Members present
and voting : Brian Harrison , Jeff Carter, Pat Eggers, and Bruce MacGregor.
Brian Harrison informed Attorney Benjamin Zehnder that only 4 of the 5 members that heard the case the
previous month were present . Attorney Zehnder indicated that since it is a time -sensitive matter he will go
forward with the discussion and if needed request the case be continued to the next meeting when 5 voting
members are present . The Board agreed . Attorney Benjamin Zehnder provided background and informed the
Board that the Conservation Commission approved the request . He referred to the analysis of the size of the
homes in the neighborhood which was requested at the last meeting and the field cards in the supporting
documents . He also referred to concerns raised by owners from the Ten Lots Association with the condition
of the road . He informed the Board his client reached out to Cape Associates and John O ' Reilly to discuss
how the road will be handled . He received written concern by the residents in the form of an email . He j
informed the Board he is open to listening to any concerns they express . He stated that Conservation also
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requires overseeing any road work performed during the project . Attorney Zehnder indicated that his client
is willing to make any repairs to the road that are necessary . He then went on to discuss the site plan with
dwellings proposed and land coverage . He addressed the comments submitted by Andrew Smyth an abutter .
Attorney Zehnder stated that using the road through the Sea Camps would not be feasible because it is
privately owned . He indicated there is an easement and therefore his client doesn 't need to ask permission
to use Bonnie Doone Cartway . He confirmed that the property will not be used for commercial purposes . He j
informed the Board his client is willing to work with the Ten Lots Association . The Board then discussed the
dwelling units , number of bedrooms, contractors limiting the work during the summer months , if all 4 houses
will be built at the same time and in the future considering the dwellings as condos . Attorney Zehnder
informed the Board the building of the homes will be staggered . Pat made a motion to open to public input,
Jeff second the motion , the Board voted unanimously to open to public input . Peter Johnson , 80 and 93
Bonnie Doone Cartway, expressed concerns regarding preservation of the road and the character of the
neighborhood including use of the property . Mark Wilson , 70 Bonnie Doone Cartway on behalf of Ten Lots as
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well as a person of interest, expressed a concern of the units located above the garages . Attorney Zehnder
indicated there is no intention to use the space above the garage as a separate dwelling . Mr . Wilson j
reviewed some of the conditions of the application regarding intensity of use of the land and traffic due to
construction . Chair Brian Harrison asked if there was an overall construction plan . Attorney Zehnder stated
the construction will be building the
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houses on a continuous level . Once they start the construction they will continue until completed . He will
follow up with his clients to minimize the overlap . Sylvia Wilson , 70 Bonnie Doone and 135 Bonnie Doone
Cartway by marriage referred to two pictures of the Bonnie Doone Cartway, one from 1968 and the second
picture was taken that morning ( 10/ 12/ 2021 ) . She expressed concern and stated it would significantly
change the character of the cartway . Attorney Zehnder and John O ' Reilly informed Ms . Wilson if there
were changes to the cartway they would ensure it would return to its original character. Chris from 121
Bonnie Doone Cartway gave the Board background on Ten Lots Association (TLA) providing a description
and history . She asked the Board to protect the continued beauty of the area and minimize the scale and
intensity of the project . Penelope Wilson , 135 Bonnie Doone Cartway, family of Mark and Sylvia Wilson ,
expressed concerns regarding the condition of the road , specifically vehicles with small wheels trying to
get down to the beach and not able to walk barefoot on the cartway . She was also concerned with traffic
conditions . Jane Sutton , no address given , expressed concerns with the size of the dwellings and the
character of the cartway . Donna Heuchling , 179 Bonnie Doone Cartway, related to 80 Bonnie Doone
Cartway, expressed her concern of the size of the project, and the character and use of the cartway .
Andrew Smyth and family, 95 Bonnie Doone Cartway, stated he was not satisfied with how Attorney
Zehnder addressed his comments earlier in the meeting . Maureen Kelly, 95 Bonnie Doone Cartway
expressed concern with the character of the cartway and asked the Board to come and walk the cartway .
Both Smyth daughters expressed their concerns regarding the character of the cartway . The Smyths
expressed they would like to meet with Attorney Zehnder and his client to discuss the project further .
Carey Wexler Sherman , 61 Bonnie Doone Cartway, expressed her concern regarding construction vehicles
using a driveway close to her house . She also mentioned the number of bedrooms and how the septic will
satisfy that large number . Diane Wilson Petique 135 Bonnie Doone , related to Penelope Wilson and Mark
Wilson questioned the term " High -end Family Compound " and stated the residents are very humble and
not high -end . She also expressed a concern over the construction timeline . Attorney Zehnder asked the
Board for wrap up of the discussion . He suggested conditions from the Board such as : no commencement
of heavy construction during the summer months , no installation of gravel on the cartway, and after all
construction the cartway be restored to its original condition . Brian asked the Board if they are ready to
vote , the Board felt out of fairness they should hear from all the public and a continuance should be
granted . Pat made a motion to close to public comment, Jeff second the motion . A vote was taken , and
the Board voted unanimously to close to public comment . Attorney Zehnder requested a continuance until
next month . During that time, he will schedule a meeting with Ten Lots and with the client' s engineer and 3
come up with a plan to present at the next meeting . Pat made a motion to grant the continuance until the
November 9th meeting , Jeff second the motion . A vote was taken with the 4 Board members, and the
Board voted unanimously to grant ZBA case # 21 - 22 be continued until November 9th .
• Application Review of # 21 -25 Applicant : Habitat for Humanity of Cape Cod, Inc . , ( Represented by Attorney Warren
Brodie), 26 Red Top Road . Members present and voting : Art Stewart, Pat Eggers, Bruce MacGregor, Jeff Carter, and
Brian Harrison
Attorney Warren Brodie provided background on the request . He referred to the various tabs from the
application submitted . Two 3 - bedroom affordable homes will be constructed on each of the two lots . He
outlined the utilities needed and the timeline for the subdivision . He stated that the project will adhere to all
conservation requirements . He indicated some of the Zoning requirements will require relief and are outlined
in detail in the application . As part of the process, he reached out to abutters on their own and . there was
little concern . Habitat has also reached out to Town staff prior to the meeting . Attorney Brodie indicated
that landscaping will be provided for each home and a shed will be included . Solar panels will be considered I
and both homes will count towards Brewster' s subsidize housing inventory . The homes will be available for
approximately $ 169 , 000 but could be adjusted and the intent will be to offer one home as a veteran 's
preference . He reminded the Board that Habitat for Humanity has been very successful in Brewster and on
Cape Cod and referenced the Paul Hush project . Judi Barrett the consultant introduced herself. She will
support the Board through the process and will provide the written decision . The Board was impressed by
the presentation and the comprehensive materials provided . The Board opened to public input and Peter
Soule spoke in support of the project . Jill Scalise the Brewster Housing Coordinator shared
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with the Board the process with Habitat prior to going to the Select Board . Pat made a motion to approve
the Comprehensive Permit ZBA Case #21-25, Jeff second, a vote was taken, and the Board voted
unanimously .
New Applications :
• Application Review of ZBA # 21 -26, Applicant : James Creonte, 65 Foster Road . Members present and voting : Brian
Harrison , Jeff Carter, Art Stewart, Pat Eggers, and Bruce MacGregor.
The applicant James Creonte requested a Dimensional Variance to widen his driveway where it meets Foster
Road . He provided the Board with background on the request stating the purpose of widening the driveway
was due to the width of his garage and the door separation of the garage . Chair Brian Harrison read the
definition of the Brewster zoning bylaw 179 - 52 and the Board discussed the request agreeing that the apron
at the street was not part of the driveway as defined in the bylaw and the majority if not all of the rest of
the paved area shown on the plan submitted in front of the garage was off-street parking/ loading area and
not considered part of the driveway . The Board agreed that no relief was needed . Brian made a motion that
the area in question is considered off street parking and loading space and not considered a driveway,
therefore a Dimensional Variance is not needed . Bruce second the motion , the Board voted unanimously
that the Dimensional Variance requested was not needed .
• Application Review of ZBA # 21 - 27 , Applicant : Karyn Beedy, ( Represented by Gabriel Panaite) 23 Blueberry Pond
Drive . Members present and voting : Brian Harrison , Jeff Carter, Art Stewart, Pat Eggers, and Bruce MacGregor .
Brian read the request from the applicant . Gabriel Panaite contractor for the applicant addressed the Board
providing background on the project and requesting an accessary apartment under 600 sq feet . He
explained that the extra square footage will provide more usable space between the basement and part of
the garage . This is pending a hearing with the State Building Board of Appeals on a second means of
egress . Gabriel Panaite informed the Board he is working with the Building Commissioner to • find an
alternative means of egress and if identified it would not be necessary to go in front of the State . He
reviewed the submitted floorplan with the Board . Brian asked the Board if they wanted to vote on the
request with a floorplan that may or may not be approved by the State . The Board discussed whether or not
to approve the floorplan or to grant a continuance . Gabriel Panaite informed the Board there was a second
set of plans that were reviewed by the Building Department which will be used as a backup if the initial
floorplan is denied by the State . The Board did not have the 2nd set of floorplans but Karyn Beedy the
applicant shared her screen and they stepped through the differences in the floorplans . Both floorplans are
under the 600 sq . ft . requirement . The Board discussed the floorplans and agreed that a more detailed plan
is required . Brian suggested the applicant review the bylaw that outlines the requirements and provide the
necessary plans and information . Art made a motion to continue ZBA Case # 21 - 27, Pat second the motion .
The Board voted unanimously to continue ZBA Case # 21 - 27 until November 9 , 2021 .
• Matters Not Reasonably Anticipated by the Chair :
None
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The next meeting of the Brewster Zoning Board of Appeals is scheduled for November 9th, 2021 .
Jeff made a motion to adjourn the meeting , Bruce second the motion , the vote was taken , and the Board unanimously
voted to adjourn . Vote : 5 - 0 - 0 . Meeting adjourned at 10 : 08 pm . {
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